Texas Estates Code 33.105 – Transfer of Probate Proceeding Record
(a) If a probate proceeding is transferred to a court in another county under this chapter, the clerk of the transferring court shall send to the clerk of the court to which the proceeding is transferred, using the electronic filing system established under § 72.031, Government Code:
(1) a transfer certificate and index of transferred documents;
(2) a copy of each final order;
(3) a copy of the order of transfer signed by the transferring court;
(4) a copy of the original papers filed in the transferring court, including a copy of any will;
(5) a copy of the transfer certificate and index of transferred documents from each previous transfer; and
(6) a bill of any costs accrued in the transferring court.
(b) The clerk of the transferring court shall use the standardized transfer certificate and index of transferred documents form developed by the Office of Court Administration of the Texas Judicial System under § 72.037, Government Code, when transferring a proceeding under this section.
Terms Used In Texas Estates Code 33.105
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probate: Proving a will
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) The clerk of the transferring court shall keep a copy of the documents transferred under Subsection (a).
(d) The clerk of the court to which the proceeding is transferred shall:
(1) accept documents transferred under Subsection (a);
(2) docket the proceeding; and
(3) notify, using the electronic filing system established under § 72.031, Government Code, all parties to the proceeding, the clerk of the transferring court, and, if appropriate, the transferring court’s local registry that the proceeding has been docketed.
(e) The clerk of the transferee court shall physically or electronically mark or stamp the transfer certificate and index of transferred documents to evidence the date and time of acceptance under Subsection (d) but may not physically or electronically mark or stamp any other document transferred under Subsection (a).
(f) The clerks of both the transferee and transferring courts may each produce under Chapter 51, Government Code, certified or uncertified copies of documents transferred under Subsection (a) but must include a copy of the transfer certificate and index of transferred documents with each document produced.
(g) Sections 80.001 and 80.002, Government Code, do not apply to the transfer of documents under this section.